WWE & Fanatics Look To End 'American Nightmare' Lawsuit Against Cody Rhodes
Yesterday at 07:17 PM
WWE and Fanatics have filed a response to the trademark lawsuit concerning Cody Rhodes’ “American Nightmare” moniker.
In September, Wesley Eisold initiated legal action against Rhodes, WWE, and Fanatics, claiming trademark infringement, breach of contract, and intentional interference with contractual agreements.
Eisold, the lead singer of the band American Nightmare, asserts that he has owned the trademark for the name about clothing, music, and entertainment services since 2016 and had permitted Rhodes to use the nickname in WWE as long as Rhodes’ name, image, or significant wrestling-related indicators were prominently featured.
He alleges that WWE, Cody Rhodes, and Fanatics have breached this agreement by selling merchandise labeled “American Nightmare” with minimal to no references to Rhodes as a wrestler, which he argues is confusing the market.
WWE and Fanatics filed a motion for dismissal on Friday. They contend that none of the merchandise Eisold alleges as infringing meets the criteria of his previous agreement with Rhodes, as it includes Rhodes’ skull logo tattoo.
They further argue that the trademark constitutes what was previously defined as "substantial indicia indicating association with wrestling" due to its use in wrestling.
WWE and Fanatics also assert they were unaware of the earlier settlement just before Eisold filed his lawsuit and only had access to the contract once it was presented in the suit. Therefore, they claim they cannot be held responsible for causing Rhodes to violate the contract.
Moreover, Rhodes’ attorney has requested to join the dismissal motion from WWE and Fanatics.
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